No More..No Less

Politicians, pundits and pusillanimous pontificators have all been pondering the next step in campaign finance in the USA electoral process. They puzzle the impact of the Roberts Court decision to allow corporation the same [or more] rights as natural persons in the arena of citizenship relating to the electoral process. Congress, the Supreme Court decreed, had placed unconstitutional constraints and burdens on the free speech rights of corporate citizens. Such restraints, the Court reasoned, are unfair and unjust when such limitations could not constitutionally be imposed upon natural persons.

Considerable wailing and gnashing of teeth over the demise of the electoral process, at least in any shape of form intended by the Founders, has obscured practical thinking. Suggestions have been made that a constitutional amendment is necessary to overturn the ruling. But that ignores the sad reality that the current Congress is so deadlocked that it could not even readily pass a simple measure to extend jobless benefits, making a so controversial a measure as a constitutional amendment little more than a pipe dream. Others suggest that Congress pass requirements that force greater disclosure of the origin and funding source of corporate poetical speech. That suggestion is far from a level playing field because corporations are so adept at the shell game. For example, the media is focusing attention on BP petroleum because of the catastrophic oil spill in the Gulf of Mexico while the BP executives accurately respond that neither the rig, the operation of the equipment that exploded nor the installation that was probably faulty was done by BP. All these tasks were done by various different contractors and sub-contractors. So much for tracking responsibility or transparency!

A humble suggestion is to focus not on limiting the corporations, but rather upon empowering the individual “natural” citizen. Corporations can and will undoubtedly spend billions of dollars on lobbying and political speech to influence elections; their contributions are deducted from their profits in the form of business expenses. This creates an actual “inequality” that effectively gives corporations greater rights than the natural citizen in the expression of political speech and participation in the electoral process. The more appropriate response is to pass legislation that equalizes this situation by giving individual taxpayers a deduction for every dollar that they expend on political speech or to make their views known in the political process. If I use my phone to discuss the election or candidate views, then part of my phone bill should be deductible. If I use my computer and the internet to comment or express my political view in favor or against a candidate or to address an issue subject to referendum, then part of those expenses must be made deductible as well. It goes, without saying, that every cent that I contribute to any candidate or political cause must be deductible from my taxable income.

Instead of worrying about giving corporations equal free speech rights as natural citizens, the Congress should be focused upon making sure that natural citizens have no less right to participate in the political process than do corporations under the Roberts Court ruling. Won’t that approach severely deplete the taxable revenue, you ask? Perhaps it would. But if that happened, it is only the necessary logical consequence of the decision and interpretation of the Supreme Court regarding citizenship under the US Constitution. Maybe the consequence of actually equalizing rights will demonstrate how absurd the reasoning and judgment of the Court was in the first place. It will not be the first time that the wisdom of experience has caused the Supreme Court to reverse itself. And the survival of the electoral process envisioned by the Founders requires…No more…No less.